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MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MOSCOW, IDAHO MICHAEL HOFFMAN, DEVELOPER, WINDFALL HILLS SUBDIVISION 523846 THIS MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MOSCOW, IDAHO AND MICHAEL HOFFMAN, DEVELOPER, WINDFALL HILLS SUBDIVISION 9F THE CITY OF MOSCOW, IDAHO (hereinafter "MOU") is entered into the :Z..I âday of J \L.lM , 2008 by and between City of Moscow, Idaho a municipal corporation of the State of Idaho, 206JEast Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"), and Michael Hoffman, Developer of Windfall Hills Subdivision of the City of Moscow, Idaho (hereinafter referred to as ''DEVELOPER''). W I T N E S S E T H : WHEREAS, CITY desires to make and to install certain public bicycle and pedestrian path improvements on Mountain View Road between Sixth Street and Hillcrest Drive: and WHEREAS, there is a fiber optic pedestal owned by Verizon Communications, Inc. (hereinafter referred to as "VERIZON") which is currently located within the Windfall Hills Subdivision of the City of Moscow, Idaho plat (hereinafter referred to as "WINDFALL HILLS PLAT"); and WHEREAS, in order to facilitate the improvements to Mountain View Road and those related to the WINDFALL HILLS PLAT, the VERIZON pedestal must be moved; and WHEREAS, both parties to this MOU specifically agree that CITY may pay directly to VERIZON CITY's costs of VERIZON pedestal relocation; and WHEREAS, DEVELOPER wishes to develop the Windfall Hills Subdivision as shown in the WINDFALL HILLS PLAT; and WHEREAS, in order to complete the required subdivision public improvements, the VERIZON pedestal must be moved; and WHEREAS, DEVELOPER pledges to complete a temporary paved, bicycle and pedestrian path as required by CITY on or before August 22, 2008 along the eastside of Mountain View Road from immediately north of the property commonly known as Lot I , Block 1, of Rolling Hills Addition No. 1 to the north end of the western border of the WINDFALL HILLS PLAT as shown in Exhibit to this MOU, and to construct a pennanent bicycle and pedestrian path concurrently with the development of Phase I of said plat ; and WHEREAS, in addition to the installation of the temporary and permanent bicycle and pedestrian pathway public improvements required by CITY along Mountain View Road in the easement as shown in Exhibit the WINDFALL HILLS PLAT, DEVELOPER agrees to be financially responsible for all costs of the extension of Janson Street (except for the underground public utilities, which costs shall be borne by CITY) from the northern boundary of the WINDFALL HILLS PLAT to its connection with Janson Street at the corner of Janson Street and Damon Street (hereinafter "Janson Street Extension" as shown in Exhibit and WHEREAS, in exchange for DEVELOPER'S promise to install the bicycle and pedestrian path public improvements referred to herein and to take full financial responsibility for the Janson Street Extension, MEMORA:\DUM OF UDERST/1:\Dll\:G- W!NDFALt HILLS! VER!ZON PAGE I OF6 ---PAGE BREAK--- CITY agrees to assume financial responsibility for an amount not to exceed fifty thousand dollars ($50,000) of the cost to relocate VERIZON's pedestal !rom its current position easterly to a position agreed upon by VERIZON and CITY at a point approximately thirty six feet (36') right of Mountain View Road centerline Sta,58+61 as shown on the construction plans for the WINDFALL HILLS Addition, approved July 7, 2006; and WHEREAS, no party to this MOU wishes for this MOU to establish a precedence or to have any precedential value beyond this current MOU; and WHEREAS, this MOU is entered into voluntarily by both parties; and WHEREAS, time is of the essence in the execution of this MOU (especially the completion date of August 22, 2008 for required temporary public bicycle and pedestrian path improvements to Mountain View Road on the WINDFALL HILLS PLAT); and WHEREAS, the valuable consideration exchanged between the parties includes the commitment by DEVELOPER to complete the required temporary bicycle and pedestrian path public improvements on Mountain View Road on or before August 22, 2008; NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED This MOU affects property commonly known as the Windfall Hills Addition to the City of Moscow, Latah County, Idaho and also affects the property shown as ltani Unplatted Property, both of which are more particularly described as follows and which are shown on the attached Exhibit the same as if copied and transcribed herein: A. WINDFALL HILLS PLAT A parcel of land located in the SW 1/4 of Section 9, T39N, R5W, B.M., and being more particularly described as follows: Beginning at the Southwest Comer of said Section 9; thence along the westerly line of said Section 9, N 0° 16'55" E, 793.64 feet, to the TRUE POINT OF BEGINNING: Thence continuing along said westerly line, N 0°16'55" E, 456.89 feet; Thence departing said westerly line, N 67°28'12" E, 179.00 feet; Thence S 89°45'15" E, 744.93 feet, along the southerly line of W.M. Dahmen's Replat of Lot 14 & Parts of Lots 10, I I , 12, 13 & 15 of Shield's Five Acre Tract Addition To The City Of Moscow, Idaho; Thence along the southerly line of Skyview Estates Addition to the City of Moscow, ID, S 89°11 '47" E, 635.94 feet, to the southeast corner of said Skyview Estates; Thence S 89°31 '07" E, 588.11 feet; Thence N 0°03' 14" W, 156.94 feet, to the Southwest corner of Lot 5, Block 2 of Moser Estates Third Addition to the City of Moscow, ID; Thence along the southerly line of said Moser Estates Third Addition, S 89°32'39" E, 508.57 feet, to the southeast comer of said Moser Estates Third Addition; Thence S 0°48'25" W, 157.16 feet, to the Center-South 1/16 (CS 1116) Comer; Thence along the easterly line of said SW 1/4 of Section 9, S 0°20'01" W, 329.48 feet; Thence N 89°33'23" W, 970.20 feet; Thence N 49°03'30" W, 59.13 feet; Thence S 64°56'31" W, 89.18 feet; MEMORAI\:DUM OF UNDERSTANDING- HILLS/ VERIZON PAOE20F6 ---PAGE BREAK--- Thence N 89°33'23" W, 973.45 feet, along the northerly line of the Rolling Hills Addition No. 6 To The City Of Moscow, Idaho, to the northwest corner of said Rolling Hills Addition No. 6; Thence S 46°04'46" W, 53.32 feet, along the northwesterly line of said Rolling Hills Addition No. 6; Thence departing said northwesterly line, N 48°09'15" W, 146.58 feet; Thence S 41°50'45" W, 210.74 feet; Thence 240.93 feet along a curve to the right, Delta= 48°26' I Radius = 285.00 feet, Chord= 233.82 feet, and a Chord Bearing= S 66°03'50" W; Thence N 89°43'05" W, 69.81 feet, to the TRUE POINT OF BEGINNING. Parcel contains 22.90 acres, more or less. B. IT ANI UNPLATTED PROPERTY A parcel of land situated in the southwest quarter of the southwest quarter of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho and being more particularly described as follows: Commencing at the southwest comer of said Section 9; thence N00°l 6'55" E 660.27 feet along the west line of said section to the northwest corner of the Rolling Hills Addition No. 1 to the City of Moscow, Idaho as shown on the recorded plat thereof; thence S89°33 '24" E 30.00 feet, along the north boundary of said addition, to the easterly right of-way line of Mountain View Road and the TRUE POINT OF BEGINNING; thence N00°l 6'55" E 133.46 feet along said right-of-way line to a point on the south boundary of the proposed Windfall Hills Addition to the City of Moscow, the plat being on file with said City of Moscow; thence along said south boundary S89°43'05" E 39.81 feet; thence continuing along said south boundary 240.93 feet along a curve to the left having a radius of 285.00 feet, a central angle of 48°26'10", and a chord of N66°03'50" E 233.82 feet; thence continuing along said south boundary N4l050'45" E 210.74 feet; thence continuing along said south boundary S48°09' 15" E 146.58 feet to the westerly boundary of the Rolling Hills Addition No. 6 to the City of Moscow, Idaho as shown on the recorded plat thereof; thence along said westerly boundary S46°04'46" W 295.83 feet; thence continuing along said westerly boundary S 15°36' 14" E 87.79 feet to the north boundary of said Rolling Hills Addition No. 1; thence N89°33 '24" W 314.50 feet along said north boundary to the TRUE POINT OF BEGINNING. II. PUBLIC IMPROVEMENTS DEVELOPER agrees to install, at DEVELOPER'S expense, pursuant to this MOU, a temporary bicycle and pedestrian path, which shall be a minimum six foot wide asphalt pavement surface on six inches of compacted base rock, in addition to the permanent bicycle and pedestrian path public improvements to be construct under Phase 1 of the Windfall Hills Development, as required by City Council in accordance with CITY standards duly adopted by resolution of the City Council and in accordance with approved engineering plans for the Windfall Hills Subdivision. III. DEVELOPER SHALL DO ALL OF THE FOLLOWING: A. Deposit with CITY in cash or security acceptable to City Council, sufficient monies to complete all Mountain View Road bicycle and pedestrian path public improvements required by CITY in accordance with approved engineering design plans, to CITY standards, on or before July 27th, 2008. MEMORANDL;M OF UNDERSTANDI;..;G --WINDFALL HILLS i VERJZON PAGE30F6 ---PAGE BREAK--- B. DEVELOPER shall assume total cost and financial responsibility for, and shall deposit with CITY in cash or security acceptable to City Council, sufficient monies to complete all above-ground improvements required by CITY in accordance with approved engineering design plans, to City standards, for the Janson Street Extension above-ground improvements from the north border of the WINDFALL HILLS PLAT to the intersection of Damon Street with the currently existing Janson Street. C. DEVELOPER shall enter into a Development Agreement with CITY which addresses the time period within which such public improvements may be made (including, but not limited to, allowing DEVELOPER to install such Janson Street Extension in Phase 2 of the development of the WINDFALL HILLS PLAT). D. DEVELOPER shall grant to CITY a portion of street right-of-way contiguous with the east side of Mountain View Road from the south side of the ltani Unplatted Property to the north end of the western border of the WINDFALL HILLS PLAT for the widening of Mountain View Road to the east and, in addition, DEVELOPER shall also grant to CITY a pedestrian and bicycle path easement twenty five feet (25 wide, the length of such properties on or before July 27, 2008 for purposes of allowing the public to use the bicycle and pedestrian path public improvements made the basis of this MOU. E. DEVELOPER shall seek and obtain CITY Council approval of the final WINDFALL HILLS PLAT on or before July 27, 2008, shall enter into a Development Agreement with CITY establishing the full development of such WINDFALL HILLS PLAT (which Development Agreement may also address the time period within which the Janson Street Extension shall occur) and shall record said plat with Latah County Recorder's Office within thirty (30) days of City Council approval of said final plat. F. DEVELOPER shall assume total cost and financial responsibility for the costs of moving VERIZON's pedestal (to a point approximately thirty six feet (36') right of Mountain View Road centerline Sta.58+61 as shown on the construction plans for the WINDFALL HILLS Addition, approved Jnly 7, 2006) in excess of the fifty thousand dollars ($50,000) CITY agrees to pay pursuant to this MOU. IV. CITY SHALL DO ALL OF THE FOLLOWING: A. Assume full financial responsibility up to fifty thousand dollars ($50,000) toward the cost of relocation of the VERIZON pedestal to a location agreed upon by the parties herein above. B. Assume full financial responsibility for or shall install all required below-ground public improvements to CITY standards for the Janson Street Extension prior to the date required for DEVELOPER to install all above-ground public improvements required for the Janson Street Extension. V. BINDING ON HEIRS AND ASSIGNS AND SUCCESSORS IN INTEREST This MOU shall be binding upon the heirs, assignees and successors in interest of the respective parties. MEMORANDUv1 OF Ui'